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(1987) JELR 104826 (CA)

Court of Appeal  •  Criminal Appeal 201 of 1986  •  21 Jul 1987  •  Kenya

John Mwangi Gachuhi, Fred Kwasi Apaloo, Harold Grant Platt



The appellant, Hemedi Suleiman, was convicted on two counts of robbery contrary to section 296(1) of the Penal Code and sentenced to 10 years’ imprisonment together with 10 strokes of corporal punishment as well as the compulsory 5 years’ police supervision on the first count together with a concurrent sentence of 7 years’ imprisonment on the second count which carried 5 strokes of corporal punishment and a further reporting order. The latter would run concurrently with the police supervision on the first count.

The essence of the case against this appellant , who was the second accused in the trial, was that he was arrested shortly after the robbery at noon on June 12, 1984. The complainant, Hussein Abdul Latiff, PW 1, was robbed of his Peugeot 504 station wagon (registration No KJW 145). He had parked his vehicle near a school in anticipation of collecting his children, when a number of young men came to his car, one of them having what appeared to be a gun, stan…

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